K-1 Visa Questions & My Situation

[US_ 0]

Hi All,

I have a few questions regarding my situation, and would greatly appreciate your suggestions/inputs. I am a naturalized US citizen, and want to petition a K-1 (fiancee visa) for my girl friend. We have been in touch constantly through phone, email, chats & skype calls. She even visited me a few months ago, when she came to US on a business trip, She has the tickets/boarding pass and hotel bill to prove that she came to visit me. We forgot to take our photos when she came to visit me, and we are not engaged per se, even though I plan on sponsoring her the fiancee visa. We plan on getting married when she comes her on a K-1 visa, and apply for her adjustment of status.

1) In the situation that I am in, can I sponsor her K-1 visa with the proof that I have (emails, chats, phone calls and skype calls)?, even though I do not have photos of us together? Can I even sponsor her a K-1 visa even though we are not engaged, but plan on getting married?

2) Do I need to go to her country (India) and propose to her and get engaged, before I petition for her a K-1 visa? In this scenario I will have the photos of the engagement, and also the purchase receipt of the engagement rings. Do I even need to go down this path, or can I just petition her K-1 visa in the situation that I am in, with the proof that I have.

My last question is, which is the safer and faster route: Fiancee visa or spousal visa. If it is easier and quicker to go with the spousal visa, I don't mind going to her country (India) and marrying her there and flying back to the US and start a petition for her spousal visa. I am just looking for a safer and faster route, where I can minimize the time we stay apart. If I had it my way, I would just get her here right now and start living together right away, ahhh.....what a lovely scenario.

[Cori and Rob 55]

1. Photos are considered secondary evidence. While they could help your case, an immigration officer will want to see the stamps in both of your passports that show that you have met in person. You need to have met in person in the last two years (which you have). You will need to send a copy of each page of both of your passports front to back. Even if you haven't visited her, still submit both passports. Also, does she have any credit card statements from when she visited you? That could also show she was with you during the time you say she was.. Boarding passes, hotel itineraries/bills, would also be good evidence.

2. You need to be engaged to apply for the fiance visa.

3. Read the guides for further information on what to submit.

As for K1 vs. spousal visa, I can only speak to the fiance visa as that is what my now husband and I applied for. Either way, you're looking at an 8-12 month wait from start to finish of the initial visa process. With the K-1 (fiance visa), you will need to marry within 90 days of her arrival to the US, and she will need to apply for adjustment of status and employment authorization. I believe (other VJ'ers will correct me if I'm wrong), she'll get a two year greencard along with the spousal visa if you go in that direction.

[catknit 144]

In order to sponsor her for a K1 visa you must be "engaged" however that does NOT mean you must have had some elaborate proposal or ornate affair. One of you must have asked the other about marriage and there must be an agreement that your marrying...that said COs in India are well aware of typical Indian practices. If she comes from a community/family where an elaborate engagement ceremony is par for the course there will be an expectation that you should follow that practice. But, keep in mind that both of the consulates in India have actually denied K1s based on the thought that an ornate engagement party was actually a covert wedding...India can be a pain in the backside to get through for some couples.

If you are looking for safe, I'd recommend marrying in India and applying for the CR1. The timing differences aren't huge [maybe an extra 6+ weeks depending on how you navigate NVC - this depends on a lot of factors, could be longer] and you'll have the bonus of a green card on arrival [she can work, study, or travel immediately with the stamp in her passport, the physical card should get to her within a few weeks] as well as a cheaper journey [no adjusting status on this side].

A few things you should do - #1 if not familiar with Indian marriage issues, do some research. If you yourself are Indian and the both of you are Hindu, you can darn near walk off the plane and marry. If you are both the same religion but not Hindu, there may be a marriage act that covers your marriage and you'll hopefully be able to marry quickly on that trip. If she is Hindu and you are not, you will fall under the Special Marriage Act that has a 30 day wait in order to post an announcement of the impending marriage. In some places, the resident Indian [in your case, your soon-to-be wife] can get it posted without issue. In others, the registrars are crazy and want both of you there to post the announcement which will mean you need to either stay in India over a month OR make two trips.

#2 - Familiarized yourself with the reviews of the consulate you'll be going through - Delhi seems to not like giving K1s and is harder on inter-racial couples. Mumbai doesn't allow the USC to attend the interview...learn about these things.

#3 - You said you've naturalized - if, by chance, you naturalized via marriage to a USC be prepared for extra scrutiny.

#4 - Pictures are considered secondary evidence but they are good to have. Personally, depending on a lot of factors [like if you became a USC from a prior marriage, etc] I would think it's in your best interest to front load your petition including pictures.

[US_ 0]

My uncle petitioned my father his greencard in the 90's, and I got my greencard as I was his dependent. From what I am hearing so far, Can I propose to her, via email or chat? Would that count as being engaged? And after that can I go down the K-1 visa path?

[NikLR 13,234]

As long as you are able to provide proof you have met in the last 2 years (in person), both provide letters of intent to marry, and that you're both free and able to marry, you can send the I-129F. You do not have to fly to India to give her an engagement ring. But it wouldn't be a bad thing to buy one for the lovely lady. Also make sure to present evidence that you have regularly communicated.